Massachusetts Land Use Monitor

Massachusetts Land Use Monitor

Real-Time News & Commentary on Massachusetts Land Use & Real Estate Law

Category Archives: Registered Land

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More Beach Rights Litigation

Posted in Easements, Registered Land, Subdivision Control, Waterfront Property
In a satisfying win for Rackemann, the Appeals Court today upheld a Land Court decision that inland lot owners hold no easement rights over our clients’ waterfront property. Loiselle v. Hickey¬†concerns a large subdivision in Dennis with a number of ways leading to Cape Cod Bay.¬† An earlier case between many of the same parties… Continue Reading

The Beach is This Way–And It’s My Registered Land

Posted in Easements, Registered Land, Title, Waterfront Property
A Massachusetts appellate court has ruled for the first time that new land which accretes to registered waterfront land is treated as registered land automatically, without the registered landowner filing additional proceedings. In Brown v. Kalicki, decided earlier this week, neighbors sought to establish an easement by prescription to use for recreational purposes a beach… Continue Reading

Registered, Schmegistered: Easements On Registered Land Can Be Relocated

Posted in Easements, Miscellaneous, Registered Land
Earlier this month the Supreme Judicial Court (SJC) issued an important decision in the case of Martin v. Simmons Properties, LLC.  Mr. Martin holds an easement over the land of the defendant, Simmons.  Simmons had blocked part of Martin’s easement. Land in Massachusetts can be registered or unregistered.  Registered land has some special protections not afforded to unregistered land… Continue Reading

Rocket Science, Explained

Posted in Miscellaneous, Registered Land
My colleague and fellow MLUM contributor Johanna Schneider will be one of the panelists at a CLE program sponsored by the Boston Bar Association entitled “Understanding the Land Court:  The Ins and Outs of Litigating and Dealing with the Registered Land System.  Also on the panel is my former Rackemann colleague, Land Court Justice Robert B. Foster.  The program is happening on Tuesday, October… Continue Reading

Land Registration System Takes Another Hit

Posted in Easements, Registered Land, Title
Theoretically, owners of registered land are entitled to rely on the information contained in their certificates of title.  To the chagrin of many, however, that is no longer the case.  In its decision this week in Williams Bros. Inc. of Marshfield v. Peck (pdf), the Appeals Court affirmed a Land Court ruling that an appurtenant easement is extinguished when the dominant and servient… Continue Reading

Land Court Bench Meets Bar Conference

Posted in Foreclosure, Miscellaneous, Policy, Registered Land, Title
A brief announcement:  I will be chairing the Land Court Bench Meets Bar Conference at the Boston Bar Association on Tuesday, April 5th from 4:00-7:00.  We will hear from Chief Justice Karyn Scheier, Justice Keith Long, Justice Gordon Piper, Recorder Deborah Patterson and Chief Title Examiner Edmund Williams.  This is a great opportunity to hear… Continue Reading

Commonwealth v. Arno: There Aren’t Enough Words to Describe the Public’s Rights In Tidelands

Posted in Registered Land, Waterfront Property
Most coastal states own the land seaward of the high water mark, which includes the so-called “tidal flats” between the low and high water marks.  In Massachusetts, however, the tidal flats are private, but subject to the public’s right to fish, fowl, and navigate, which has generally been characterized as an easement for these purposes. … Continue Reading